Borough of Brielle, NJ

Page 40MINUTES APRIL 23rd, 2012 WORK SESSION START: 7:32 PMPRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.ABSENT: NONE.Mayor Nicol convened the work session in compliance with the Open Public Meetings. The Administrator had no report, but he advised the Governing Body that Stephen Speicher was present to announce the winner of the annual "Snow Man" contest.

Mayor Nicol then read the following Proclamation:

Whereas, since it was first incorporated as the Brielle First Aid Squad, Inc. in 1962, the Brielle EMS, Inc. has provided the residents of the Borough of Brielle with a quality of service that is second to none, and

Whereas, such dedicated service is worthy of recognition, and

Whereas, the Governing Body, on behalf of the people of Brielle, seek now to honor that service.

Now Therefore Be It Resolved, that Saturday, April 28th, 2012 be declared Brielle EMS, Inc. Appreciation Day throughout the Borough to acknowledge their Fifty Years of self-less service to the residents of Brielle and the surrounding communities.

Mayor Nicol added that no proclamation could ever do justice to the contributions made by Brielle Volunteers.The Chair recognized Pat Padgett, 605 South Street & Dave Dupre, 1016 Riverview Drive, who requested permission from the Council to erect a bell tower and suitable plantings at the 911 Memorial Garden. Mr. Dupre added that this was the third Eagle Scout project to benefit the memorial park. The Council was impressed by the project and gave authorization.Coun. Nolan also thanked volunteers from Troop #63 for their assistance in erecting the new fence at Brielle Park. Scout Master John Padgett was recognized and explained that the troop had increased from ten members to sixty in recent years and now eight Webelo Cub Scouts from Spring Lake Heights Pack #69 had requested to join the troop as there was no Boy Scout Troop operating in that municipality.There being no comments the work session was adjourned at 7:44 p.m. on a motion by Coun. Scott, seconded by Coun. Nolan.

Page 41MINUTES APRIL 9th, 2012 START: 7:45P.M.PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.ABSENT: NONE.Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the April 9th, 2012 were approved on a motion by Coun. Scott, seconded by Coun. Garruzzo; all aye; no nays. Passed.Mayor Nicol then announced that the time had arrived for a hearing on the proposed 2012 Municipal Budget.The hearing was open on a motion by Coun. Shaak, seconded by Coun. Garruzzo; all aye.The Chair recognized Finance Chairman Visceglia who advised the public that Mayor & Council were holding a hearing on the proposed municipal budget of $8,142,127.17. He noted that $6,020,792.12 of that amount is to be raised by taxation. This equates to an increase in the municipal tax rate of 1 9/10 cents. Given the loss of surplus, due largely to the decline in the value of the Borough's tax ratables (an estimated loss of 45 million dollars due to tax appeals) the Finance Committee had been faced with a difficult task. Nevertheless, he believed that they had done the best job possible under the circumstances.The hearing was then open to the public, but there being no questions, the hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Nolan; all aye.Coun. Visceglia, seconded by Coun. Garruzzo, introduced Resolution 12-52 Be It Resolved, by the Borough Council of the Borough of Brielle, County of Monmouth, that the budget hereinbefore set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $6,020792.12 for municipal purposes. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. None absent. Passed.

Page 42Coun. Garruzzo, seconded by Coun. Scott introduced Resolution 12-53 For Passage of the Consent Agenda.Resolution:A. To memorialize the hiring of Karen June Vantuono as a School Crossing Guard.B. (see insertion)C. (see insertion)D. (see insertion)E. To declare an emergency for the repairs of a water main break on Oceanview Road.F. (see insertion).G. (see insertion).H. (see insertion).I. To declare the period of May 21st to June 3rd click it or ticket awareness days.J. To hire Nancy-Jo Zimmermann to provide part-time janitorial services.K. (see insertion).L. To permit VFW Post #1838 to conduct their annual "Buddy Poppy" drive in Brielle during the month of May.M. To employ BRB Services to provide expert testimony re: State Tax Appeals, Block 107.01, Lot 6 & 6.01, Block 87, Lots 5 & 5.01, Block 106, Lots, 1.03 & 2.01, and all future state tax appeals throughout 2012.Vote: Coun. Garruzzo, Gorham, Nolan, Scott; all aye. No nays. Passed.Coun. Visceglia, seconded by Coun. Gorham, introduced Resolution 12-54 for Payment of Bills. Be It Resolved, that the following bills be paid, and that the Mayor or President of Council be authorized to draw orders on the Chief Finance Officer for payment of the bills of April 23rd, 2012, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.

Page 43Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of "Bond Ordinance providing an appropriation of $400,000 for miscellaneous improvements for and by the Borough of Brielle, in the County of Monmouth, State of New Jersey, and authorizing the issuance of $380,000 Bonds or Notes of the Borough of Brielle for financing part of the appropriation".Coun. Scott, seconded by Coun. Nolan, introduced Resolution 12-55 for passage on introduction and first reading of the foregoing ordinance. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 12-56 to authorize publication of the foregoing ordinance in the Coast Star for a hearing to be held on May 14th, 2012, at 7:30 pm, at Borough Hall. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye, No nays. Passed.Mayor Nicol then announced that the time had arrived for a hearing and further consideration of "AN ORDINANCE TO AMEND CHAPTER 13 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED "PARK & RECREATIONAL FACILITIES".The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Nolan; all aye.The Administrator explained that the ordinance brought to the Borough would establish a fee schedule for the use of Brielle Park by various groups. The idea would be to increase revenues to help offset the cost of maintaining the new improvements recently made to the park.Coun. Nolan asked that the fee schedule be read to indicate that they were modest and Board of Recreation Chairman John Devereux added that the fees only applied to "organized" events when games were officiated. There was no intent to deny use of the park to individuals.The hearing was closed on a motion by Coun. Scott, seconded by Coun. Gorham; all aye.Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 12-57 for passage and final adoption of the foregoing ordinance. Vote: Coun. Garruzzo, Gorham, Nolan, Scott; all aye. No nays. Passed.Coun. Scott, seconded by Coun. Gorham introduced Resolution 12-58 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Coun. Garruzzo, Gorham, Nolan, Scott; all aye. No nays. Passed.

Prior to calling for committee reports, Mayor Nicol advised the public that FEMA pamphlets entitled "Preparing Makes Sense for People with Disabilities and Special Needs" and "Preparing Makes Sense for Older Americans: Get Ready Now", "Every Business Should have a Plan", and a "Emergency Supply List". Copies are available at Borough Hall. The Mayor then called for Committee Reports.Coun. Scott who reminded the public that brush season had resumed, no leaves would be taken after the 1st. Shredder Day was Saturday May 5th and Clean-up week would be held May 14th through 18th on the regular day of collection. Building materials from commercial projects would not be taken.

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Coun. Scott also reminded the public that Saturday, April 28th was prescription drug take back day. All local police departments would be participating and unused medications could be returned between the hours of 10:00 am and 2:00 pm.In closing, Coun. Scott advised the public of "National Book Giver Day" the intent being to get everyone reading. She then presented members of the Brielle School with copies of Glass Castles; she urged them to read and enjoy the book and then pass it on.Coun. Nolan reminded everyone that the annual North/South Competition would be held at Brielle Park on May 19th throughout the day. He also cited the success of the Pee Wee Soccer League that fielded eighteen teams.Coun. Nolan reminded everyone that there would be a concert at the Library on April 26th, Arbor Day would be observed on the 27th and feature a tree planting by the Shade Tree Commission, and the Manasquan Group of Artists would hold an open house to display their works on April 28th from 2:00 pm to 5:00 pm. The Library's 90th Anniversary would be held on June 3rd.Coun. Garruzzo, Gorham, Shaak & Visceglia had no formal reports, but Coun. Garruzzo thanked the Fire Company and all those residents who came out for annual Spaghetti Dinner to benefit the Cub Scouts last Saturday. Coun. Shaak on behalf of the First Aid Squad thanked the public for their support and he apologized to James Langenberger for not seeing him in the assembly when the presentation of the proclamation was photographed. He added that Mr. Langenberger was one of twenty-two very active members. He thanked the Residents of the Borough for their support and the Governing Body for its funding.The meeting was then opened to the public and Erinne Regan, 518 Harris Avenue, and Liam Gried, 601 Cardeza Avenue, were recognized and they requested, and were granted permission to enhance the pocket park that forms the Gateway to Brielle at the confluence of Route #35 & Higgins Avenue.They would be working closely with Kathy Schmidt, of the Shade Tree Commission, to clean-up the area, and plant flowers both there and in Constitution Park. While they were designing the project and establishing goals, the entire 8th Grade Class would be joining in on the actual work.Coun. Scott noted that a similar effort had been made at the Library last year and she praised Ms. Schmidt and her fellow horticulturist Christian Olsen for contributing their expertise to the project.Bob Imgrund, Chairman of the Brielle Shade Tree Commission, advised the Council that the Commission was continuing its program of tree planting along the right-of-way of selected properties in Brielle. Twenty-five trees would be planted in 2012 at various locations. On Arbor Day, the Fourth Graders would plant a tree provided by the Bayberry Garden Club, at the Library. Mr. Imgrund also presented the Governing Body with a Glass Plaque celebrating Brielle's Ten Years as a Tree City.

Page 45In closing Mr. Imgrund lamented the necessity of removing tree to facilitate the efficacy of the new solar panels being mounted on the roof. Principal Carlson being present offered that the original specifications called for trimming the trees in question, but that process had left them in such bad shape that re-planting was the only option and the matter was being addressed.There being no further questions the meeting was adjourned at 8:20 pm on a motion by Coun. Scott, seconded by Coun. Garruzzo.Approved: May 14th, 2012

________________________ Thomas F. Nolan Municipal Clerk

Resolution No.: 12-53-B Date: April 23rd, 2012

Resolution of the Borough of Brielle

Whereas: on April 23rd, 2012 The Rotary of Spring Lake/Brielle , 218 Club Drive, Wall, NJ 07719 submitted Raffle Application No. 2012-7 ID, No. 475-8-29469 for an off-site 50/50 raffle, to be held at Rotary Food Tent, 610 South Street Brielle, NJ 08730 on Saturday, September 8th, 2012 at 4pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on April 23rd, 2012.

Witness my Hand and Seal of the Borough of Brielle this 24th day of April 2012.

______________________ Thomas F. Nolan Municipal Clerk

Resolution No.: 12-52-C Date: April 23rd, 2012

Resolution of the Borough of Brielle

The Governing Body of the Borough of Brielle in the County of Monmouth, State of New Jersey, a municipal corporation, does hereby authorize the Monmouth County Mosquito Extermination Commission to apply pesticides from aircraft to control mosquitoes over portions of the Borough of Brielle.

We understand that all pesticides used are registered with the NJDEP for aerial application by the State and the USEPA.

It is further understood that the areas being treated are only those found to have significantly high mosquito population and may present either a public health nuisance or disease factor.

This approval is subject to the Monmouth County Mosquito Extermination Commission notifying the local police department prior to each and every application.

_______________________ Mayor

I___________________, Municipal Clerk of the Borough of Brielle do hereby attest that the foregoing authorization was adopted at a regular meeting of the governing body of the Borough of Brielle held on _________________.

________________________ Municipal Clerk

Resolution No.: 12-52-D Date: April 23th, 2012

Local Unit Civil Rights Resolution

A RESOLUTION TO AFFIRM THE BOROUGH OF BRIELLE'S CIVIL RIGHTS POLICY WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTERS, INDEPENDENT CONTRACTORS, AND MEMBERS OF THE PUBLIC THAT COME INTO CONTACT WITH MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERSWHEREAS, it is the policy of the Borough of Brielle to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law against Discrimination, the Americans with Disabilities Act and the Conscientious Employee Protection Act, and

WHEREAS, the governing body of the Borough of Brielle has determined that certain procedures need to be established to accomplish this policy

NOW, THEREFORE BE IT ADOPTED by the Mayor and Council that:

Section 1: No official, employee, appointee or volunteer of the Borough by whatever title known, or any entity that is in any way a part of the Borough shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person's constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the Borough's business or using the facilities or property of the Borough.

Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough to provide services that otherwise could be performed by the Borough.

Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution, using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.

Section 4: The Administrator shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.Section 6: The Administrator shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.Section 7: The Administrator shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.Section 8: At least annually, the Administrator shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Borough's web site.Section 9: This resolution shall take effect immediately.Section 10: A copy of this resolution shall be published in the official newspaper of the Borough in order for the public to be made aware of this policy and the Borough's commitment to the implementation and enforcement of this policy.

Resolution No: 12-53-F Date: April 23rd, 2012

Resolution of the Borough of Brielle

Whereas: on April 23rd, 2012, The Order of the Evergreen Ocean County , 1405 Old Freehold Rd., Toms River, NJ 08753 submitted Raffle Application No. 2012-8 ID, No. 107-5-32239 for an on-site 50/50 raffle, to be held at Manasquan River Golf Club, 843 Riverview Drive Brielle, NJ 08730 on Monday, June 11th, 2012 at 1pm-9pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on April 23rd, 2012.

Witness my Hand and Seal of the Borough of Brielle this 24th day of April 2012.

Thomas F. Nolan Municipal Clerk

Resolution No: 12-53-G Date: April 23rd, 2012

Resolution of the Borough of Brielle

Whereas: on April 23rd, 2012, The Order of the Evergreen Ocean County , 1405 Old Freehold Rd., Toms River, NJ 08753 submitted Raffle Application No. 2012-9 ID, No. 107-5-32239 for an Gift raffle, to be held at Manasquan River Golf Club, 843 Riverview Drive Brielle, NJ 08730 on Monday, June 11th, 2012 at 1pm-9pm.

Whereas: the Brielle Police Department had indicated that it has no objection to granting this License.

Now, Therefore, Be It Resolved: that the Governing Body of the Borough of Brielle directs the Business Administrator to sign the Findings and Determination and the Municipal Clerk is to issue the required License on behalf of the Borough.

Certification

The foregoing is a true copy of a Resolution passed by the Mayor & Council of the Borough of Brielle at a meeting held at Borough Hall, 601 Union Lane, Brielle, New Jersey, on April 23rd, 2012.

Witness my Hand and Seal of the Borough of Brielle this 24th day of April 2012.

Thomas F. Nolan Municipal Clerk

Resolution No.: 12-53-H Date: April 23rd, 2012

BOROUGH OF BRIELLE RESOLUTION

WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-31-013-001, AND

WHEREAS, THE APPLICATION IS COMPLETE, THE $50.00 FEE DUE THE BOROUGH OF BRIELLE HAS BEEN WAIVED, THE $200.00 FEE DUE TO THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL RECEIVED, AND ALL MUNICIPAL REQUIREMENTS HAVE BEEN MET, AND

WHEREAS, NO OBJECTIONS TO THE RENEWAL OF THIS LICENSE, HAVE BEEN RECEIVED.

NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF BRIELLE FIRE COMPANY, INC. T/A BRIELLE FIRE COMPANY FOR PREMISES LOCATED AT 509 LONGSTREET & CARDEZA AVENUES, BRIELLE, N.J., IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS AUTHORIZED TO ISSUE THE LICENSE FOR THE LICENSE YEAR JULY 1st, 2012 THROUGH JUNE 30th, 2013.

CERTIFICATION

THE FOREGOING IS A TRUE COPY OF A RESOLUTION PASSED BY THE BRIELLE MAYOR AND COUNCIL AT A MEETING HELD ON APRIL 23rd, 2012.

WITNESS MY HAND AND THE SEAL OF THE BOROUGH OF BRIELLE THIS 24th DAY OF APRIL 2012.

___________________________ THOMAS F. NOLAN MUNICIPAL CLERK

Resolution 12-52-K Date: April 23rd, 2012

Borough of Brielle Resolution

Whereas, application has been made for the renewal of Liquor License #1308-33-001-008, and

Whereas, the application is complete and the $2,225.00 fee due to the Borough and the $200.00 fee due to the State of New Jersey Division of Alcoholic Beverage Control received, and all municipal requirements have been met, and

Whereas, no objections to the renewal of this license, have been received.

Now Therefore Be It Resolved, that the application of JP'S River House, Inc. for premises located at 1 Ocean Avenue, Brielle, New Jersey, is hereby approved and the Clerk is authorized to renew the license from July 1st, 2012 through June 30th, 2013, subject to the following conditions:

1. Alcoholic Beverage may be sold, served, delivered or consumed on the open exterior deck of the premises from 12:00 p.m. to 11:00 p.m., Sunday through Thursday, and from 12:00 p.m. to 1:00 am. on Friday.2. Live entertainment may be permitted on Saturdays and Sundays from 1:30 P.M. to 12:00 a.m. (Midnight). Live entertainment shall be limited to a piano player, a guitar player or a band (not to exceed a duo). A Disc Jockey shall not be permitted.3. Controlled Background Music may be permitted in the above mentioned deck area during the hours of 12:00 p.m. to 10:00 p.m., Sunday through Thursday, and from 12:00 p.m. to 1:00 a.m. on Fridays and Saturdays, providing that said music is in compliance with the provisions of Chapter 3, Sections 3-1.1 through 3.1-11 of the Code of the Borough of Bridle entitled "Noise Control" and is compliance with all other Ordinances of the Borough.4. A singer shall be permitted to entertain on the deck on Friday and Saturday evenings from 9:00 p.m. until 12:00 a.m. (Midnight) and on Sunday from 3:00 p.m. until 10:00 p.m. provided that such activity is in compliance with the provisions of Borough Ordinances.5. No doors or windows can remain open while any live entertainment or background music is utilized on the deck.6. On the Sunday prior to Memorial Day & on the Sunday prior to Labor Day, the deck may remain open until 1:00am. The deck may also remain open until 1:00 a.m. on July 3rd. These exceptions are granted subject to the provisions of this resolution.

CERTIFICATION

The foregoing is a true copy of a resolution passed by the Brielle Mayor & Council at a meeting held on April 23rd, 2012.

Witness my hand and seal of the Borough of Brielle this 24th day of April, 2012.